ENCROACHMENT OF HERITAGE STRUCTURES

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Context: A total of 356 heritage structures have encroachments across the country, Tourism and Culture Minister Kishan Reddy told the Rajya Sabha.

Details:

• Uttar Pradesh has the largest number of Centrally Protected Monuments that have been encroached upon, closely followed by Tamil Nadu.
• Uttar Pradesh also has the largest number of Centrally Protected monuments in the country at 743, while Tamil Nadu has 412.
• A total of 356 such heritage structures have encroachments across the country.
• India has a total of 3,695 Centrally Protected Monuments or Sites in the country, under the protection of the Archaeological Survey of India (ASI).
• The monuments are regularly inspected by the ASI officials to assess their present condition. Necessary conservation and preservation works are taken up as per the requirement.
• The ASI regulates construction around the protected monuments through the Ancient Monuments and Archaeological Sites and Remains (Amendment) Act, 2010. The Act prohibits construction within 100 metres of a protected monument.
• The next 300-metre radius is regulated too. Proposed amendments seek to do away with the ban on construction within 100 metres of a monument and only regulate construction within 100-200 metres, under the Act that protects monuments and sites over 100 years old.
• This is expected to give more powers to the ASI on the encroachments.

Ancient Monuments and Archaeological Sites and Remains (AMASR) Act 1958:

• The Act was introduced for safeguarding the cultural heritage of the country.
• The main objective of the act is to protectancient and historical monuments and archaeological sites and remains of national importance.
• The act also regulates the archaeological excavations and the protection of sculptures, carvings and other like objects.
• The Archaeological Survey of India functions under the provisions of this act.
• The Act was amended in 2010to strengthen its penalty provisions, to prevent Encroachments and illegal construction close to the monuments.
  • No Construction was permitted in an area around 100 meters of national monuments. 200 m beyond that is declared as a “regulated area”.
  • The amendment also introduced heritage bye-laws for each monument to be prepared by an expert body.
• The Act was again amended in 2017:
  • The Union Government can extend the prohibited area beyond 100 meters of National Monuments.
  • No construction in prohibited areas, except under certain conditions.
• Earlier no construction was permitted in ‘prohibited areas’ even if it is for public purposes.
  • The 2017 amends this provision to permit construction works in ‘prohibited areas’ for public purposes.
  • If there is any question related to a construction project that qualifies as ‘public works, it will be referred to the National Monuments Authority. It will recommend to the Union government.
  • The decision of the Union government will be final.

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